The law is the law it doesn’t distinguish anything, but facts can easily be distinguished and when you apply 2 different sets of facts to the law, don’t expect the same outcome.
It’s why Amazon never makes the argument about private label brands in grocery stores/brick and mortar retailers. If it were that easy, they wouldn’t be testifying before Congress much less lying under oath about prioritizing their own products, they would have just said “of course we use data to copy the best selling 3rd party products on our site and then prioritize our own products to win the market just like everyone else.”
It’s why Amazon never makes the argument about private label brands in grocery stores/brick and mortar retailers. If it were that easy, they wouldn’t be testifying before Congress much less lying under oath about prioritizing their own products, they would have just said “of course we use data to copy the best selling 3rd party products on our site and then prioritize our own products to win the market just like everyone else.”